Re Brown, Malcolm Kenneth Ex Parte The Bankrupt [1983] FCA 133

Re Brown, Malcolm Kenneth Ex Parte The Bankrupt [1983] FCA 133

The evidence of the process server was accepted over that of the bankrupt and supporting witnesses, and the court found that the bankrupt was duly served with the petition, thus no basis exists for annulling the sequestration order.

Jurisdiction
Australia
Judgment Date
27 May 1983
Procedural Posture
Bankruptcy Application / Application for Annulment of Sequestration Order
Outcome
application dismissed
Legal Topics
['annulment of Sequestration Order' 'service of Petition' 'proofs of Debt' 'credibility of Witnesses']
['bankruptcy'] ['annulment of Sequestration Order' 'service of Petition' 'proofs of Debt' 'credibility of Witnesses']

Case Brief

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Procedural Posture

Bankruptcy Application / Application for Annulment of Sequestration Order

Legal Issues

  1. 1 ["Whether the debtor was served with the creditor's petition pursuant to bankruptcy rules" 'Whether the sequestration order should be annulled under section 154(1)(c) of the Bankruptcy Act 1966']

Ratio Decidendi

The evidence of the process server was accepted over that of the bankrupt and supporting witnesses, and the court found that the bankrupt was duly served with the petition, thus no basis exists for annulling the sequestration order.

Court Disposition

application dismissed

Orders

  • ['The application is dismissed.' 'The bankrupt must pay the costs of the petitioning creditors who appeared to oppose the application, such costs to be taxed.']